Nokia has vowed to improve its SMS marketing systems after it was found to be breaching the Spam Act by sending "tips" to customers.
The Finnish handset maker was first investigated over potential breaches in January last year by the Australian Communications and Media Authority. ACMA found that Nokia had breached the Spam Act 2003 because it had sent commercial SMS messages to customers without prior approval, without information about the sender, and without providing the ability for customers to unsubscribe from that SMS service.
While the messages were passed off as being "tips" for customers, the messages were often promoting Nokia products, and were therefore advertisements that would have to comply with spam law.
In response, Nokia has appointed an independent auditor to examine its systems, and the company will then make changes to its systems and conduct training for SMS marketing employees. The company has also copped a small $55,000 fine for its breach.
Acting ACMA chair, Richard Bean, said that businesses had a responsibility when it came to SMS marketing.
"SMS allows businesses to reach their customers no matter where they are or what they are doing," he said in a statement. "But with that opportunity come responsibilities under the Spam Act, including the obligation to include an unsubscribe facility in marketing messages."